Williams v. Ferrell

Filing 48

Order AFFIRMING 37 Order on Motion for Extension of Time to File Response/Reply, Order on Motion for Discovery and DENYING 39 Objection filed by Billy Williams. Signed by Judge Kristi K. DuBose on 3/23/2011. (copy mailed to William) (cmj)

Williams v. Ferrell

Doc. 48

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION BILLY WILLIAMS, Plaintiff, vs. GRANTT CULLIVER, Defendants. : : : CIVIL ACTION 09-0578-KD-C : : ORDER This action is before the Court on the "Objection to Magistrate Judge's order denying plaintiff's motion for discovery and additional time to respond to defendant's answer and special report and motion for summary judgment dated November 17, 2010" (doc. 39). Williams argues that the Magistrate Judge abused his discretion by denying these motions.1 The Local Rules for the Southern District of Alabama set forth the scope of review of a Magistrate Judge's decision and state that the "district judge shall modify, set aside, or remand to the magistrate judge any nondispositive order or portion thereof found to be clearly erroneous or contrary to law." S.D.Ala. LR 72.3(e). Upon consideration of Williams' objections and the order at issue, the Court finds that the Magistrate Judge's decision is neither "clearly erroneous" nor "contrary to law." (doc. 37). Accordingly, Williams' objection, which this Court has addressed as an appeal of the Magistrate Judge's decision, is DENIED and the Magistrate Judge's decision is AFFIRMED. DONE this the 23rd day of March, 2011.

s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

The Court notes that the Magistrate Judge denied Williams' request for additional time to respond to the motion for summary judgment, but allowed Williams' additional time to respond to the Report and Recommendation addressing the motion for summary judgment.

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